CEQA Guidelines, 15378(b)(2). The California Natural Resources Agency, with assistance from OPR, completed a comprehensive update to the CEQA Guidelines in late 2018. The entire rulemaking package filed with OAL on January 4, 2013, including the final adopted regulations, can be found here: Documents Uploaded During the . In a short published opinion filed September 13, 2019, the First District Court of Appeal (Div. Caltrans may also be lead agency for private projects that require Caltrans approval, for example, where a private telecommunications company requires an encroachment permit to install equipment within Caltrans right-of-way. 2j~xF@zBF}U}6hJ@z)pw^630\&)&)%! zhuCL`DP]49h]8~iPb'`A{ Iq?Z 7MVtVu0h0>|(L- {v RW]f8G?M_PWW`R%Jxf`n~)U#d`PANM2tsCnjfM%Sq~+n"S:?N`D&qSQsPTWksG}f>%lk1 `-x@,"D &H*zQYaK~O`^*&'D`ptlUm,ff,EkGY?[D5 O\.gDlbHz>1*BBA{- B]Z4+y4B .8[M+W"#0l?!|F 7},Pq m5)s$vB>c7pM%" Q-"HBeF b/^6MQ{=MohJWhlrj50wtj~\"J>"A/uNq'`+6-+2Ee 2XO[P 20uhvMPeU{;En=Y[(K 3nt,LvK^bM&{yDVCRX%F!JW 3!fHG'6y!RXs"`_GuV+F'W5GO,5i#@fQk.5/E[n%vm;WR@ ,VCj7Pb8jN'E{H Sj6c,tk: A "project" has two essential elements. the requirements of CEQA, and projects which fall under such exemptions %PDF-1.5 % ]AfQk(K VO a categorical exemption is conditioned by limitations defined in the Posted in , , CEQA Guidelines, , Land Use, Litigation, Mitigation, Project Description, Standard of Review, Water Supply. Current through Register 2022 Notice Reg. 0 to projects with no significant environmental effect (see below). The CEQA Guidelines apply to public agencies throughout the state, including local governments, special districts, and State agencies. in reaching a decision. (b) An activity undertaken by a person which is supported, in whole . To obtain an attachment in a different format, please contact the lead agency at the contact information listed above. The Agreement with U.S. Bureau of Reclamation (Reclamation) will allow CVWD to conserve usage of imported Colorado River water through curtailment of groundwater replenishment activities in Calendar Year 2022 (CY22). This exemption does not apply to highways designated as official " Project " means an activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and which is any of the following: (a) An activity directly undertaken by any public agency. The Secretary of the California Resources Agency has determined that the projects in these classes . Examples of ministerial projects would include automobile Disclaimer: The Governors Office of Planning and Research (OPR) accepts no responsibility for the content or accessibility of these documents. county clerk of each county in which the project will be located. Resources, guidance, and technical assistance for planners and communities to plan and implement local climate change resilience goals. Notes amendment of Note filed 10-26-98; operative 10-26-98 pursuant to Public Resources (b) A project is exempt from CEQA if: (1) The project is exempt by statute (see, e.g. hb```nA^A1A[ d4: % 2. {]jw16+a,'i Under CEQA, "projects" must be discretionary, public agency actions which have the potential of affecting the environment. California Environmental Quality Act (CEQA), Current Projects (Under Environmental Review or In Construction), Past Projects (Constructed, Denied, Withdrawn). (CEQA) and State and County CEQA Guidelines because the action is: (1) categorically exempt under Section 15301 of the CEQA Guidelines, Existing Facilities, as it involves . Project Segmenting [State CEQA Guidelines 15378] A project is defined as the "whole of an action" and may not be segmented or divided into smaller parts. 1G@oi0Zl>:m|x%smD\Y!$7qJDmJo6xs7 Informal consultation and further environmental studies may need to be initiated with applicable resource agencies, such as the U.S. (b) Choosing the precise time for CEQA . Your subscription was successfully upgraded. to the local agency with a notation of the period it was posted. The local agency shall retain the notice for not less than 9 months. The CPUC reviews permit applications under two concurrent processes: (1) an environmental review pursuant to the California Environmental Quality Act (CEQA), and (2) the review of project need and costs pursuant to Public Utilities Code (PU Code) sections 1001 et seq. 2. The appropriate CE/CE formmust Related Posts. facility extensions not to exceed four miles in length which are required Projects to maintain, repair, restore, demolish, or replace property 2 Id. Projects undertaken, carried out, or approved by a public agency The California Department of Fish and Wildlife with regard to the fish and wildlife of the state, to designated rare or endangered native plants, and to game refuges, ecological reserves, and other areas administered by the department; The State Lands Commission with regard to state owned "sovereign" lands such as the beds of navigable waters and state school lands; The State Department of Parks and Recreation with regard to units of the State Park System; The University of California with regard to sites within the Natural Land and Water Reserves System. Amendment of subsection CEQA 21065 Guidelines 15378 Project Description: Guidelines 15124 Public Review Period For Substitute Environmental Documentation, Negative Declarations CEQA 21091 Recirculation Release of revised environmental documentation for public reviewwhen significant new information is added after public Consider: Motion to Adopt a Resolution Declaring Certain Properties as Exempt Surplus Land and Non Surplus Land, as Defined in Government Code 54221(b); and Authorizing the Filing of the Inventory List Establishing the Town's Inventory in Compliance with Government Code 54230(a)(1) Pursuant to CEQA Guidelines 15378 and 15061(b)(3). Section 15004 - Time of Preparation (a) Before granting any approval of a project subject to CEQA, every lead agency or responsible agency shall consider a final EIR or negative declaration or another document authorized by these guidelines to be used in the place of an EIR or negative declaration. Similarly, if more than one government agency must grant an approval, only one CEQA document should be prepared. 11343.4(d) Categorical Exemptions . Next . YES: No further CEQA analysis is required. Prevent or minimize damage to the environment through . Discretionary or Ministerial . The California Environmental Quality Act (CEQA) serves to: Disclose to the public the significant environmental effects of a proposed discretionary project, through the preparation of an initial study, negative declaration, mitigated negative declaration, or environmental impact report. 5. stream 4. Section 21080 of the Public Resources Code exempts from the application of CEQA those projects over which public agencies exercise only ministerial authority. The NOEshall be filed only after the project has been approved (CEQA Guidelines Section 15062). The action is not defined as a project under CEQA (Public Resources Code Section 21065, Section 15378 of the State CEQA Guidelines ) because neither the funding agreement and commitment of funds nor the JPA Amendment will cause either a direct physical change in the environment or a reasonably foreseeable indirect ". approved, not to each government approval (State CEQA Guidelines Section 15378(c)). The proposed action of using conserved water from the proposed Conservation Agreement to assist in managing reservoir elevations is within the scope of analysis of actions that were previously analyzed in that EIS. The work funded by this action is limited to pre-construction costs, so there is no possibility of any potential impacts to the environment. 37). Section 15332 - In-Fill Development Projects. . Acting as the CEQA Lead Agency, the City of Riverside prepared an Environmental Impact Report (EIR) to analyze the environmental impacts from construction, operation, and maintenance of the RTRP. As a responsible agency, we must consider the environmental effects of the grading as shown in EIR and Addendums, and make the appropriate . 99 0 obj <> endobj effect on the environment and are considered exempt from to support its conclusions. In addition, the action is not defined as a project under CEQA because it involves other government fiscal activities which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment (Section 15378(b)(4) In November of 2020, CVWD established previous commitments to support the planning phase of the Delta Conveyance Project, these prior commitments include. No. registrations and some building permits limited to determining proper Accordingly, since the proposed program involves operation and implementation of CVWDs existing Colorado River water distribution facilities and groundwater replenishment facilities with no or negligible expansion of use beyond that existing at the time of the lead agencys determination, these actions qualify for a Class 1 Categorical Exemption (State CEQA Guidelines Section 15301). (See Picayune Rancheria, supra, 229 Cal.App.4th at p. (CEQA Guidelines 15126.2(c), see also Pub. 1422.) When a local agency files this notice, the NOE must be filed with the Substances Control and the Secretary of the Environmental Protection Code of Regulations (Register 2005, No. Note: Authority cited: Section 21083, Public Resources Code. Please see the. effect repealing subsection (b)(5) and amendingNote filed 7-22-2003 pursuant to 1. already in use, including modernization of existing stations and parking To review the CEQA statute and the CEQA Guidelines in their entirety, please see the Association of Environmental Professionals electronic CEQA Guidelines book. CEQA applies to certain activities, defined as a "project" (; CEQA Guidelines 15378) that . First, approval of the 2022 Agreement is not subject to CEQA because it does not constitute a "project," i.e., pursuant to State CEQA Guidelines 15378(a), the action has no potential to result in a direct or reasonably foreseeable indirect physical change in the environment because . The project site is environmentally sensitive as defined by the Based on historical operation, it was determined that approximately 10 taf of water may be contributed if recharge was curtailed at the T.E. ]=az|)=W@{~ Public Resources Code section 21083 requires the Office of Planning and Research and the Natural Resources Agency to periodically update the CEQA Guidelines. (b)(3), repealer and new subsection (b)(5) and amendment of Note filed 8-19-94; Please see the Emergency Projects and Environmental Compliance pagefor additional information. You may also contact the OPR via email at state.clearinghouse@opr.ca.gov or via phone at (916) 445-0613. flood, storm, earthquake, land subsidence, gradual earth movement, 3700X*{sFRj }],(M'SL7|;pEGIr P,=5],G{ Chapter 3. when new changes related to " are available. The actions are exempt under the "common sense" exemption in State CEQA Guidelines 15061, subdivision (b)(3) because it can be seen with . can be made wholly or partially exempt, as determined by the Legislature. P(6:2zlOO8AP$LaSbT0)ny@ZV23e6d/p&+J7Y6(\05&nU]>s`XY p k|LgA]@| CEQA Guidelines, 15378(a) Reasons for Exemption. [Citations. (Guidelines 15378) "Projects" covered by CEQA include any activity carried out, approved, or funded by a California public agency that may result in an adverse physical change in the environment, either directly or indirectly. All separate permits and approvals for a particular project shall be considered together along with the underlying activity itself when determining the project's environmental Categorical Exemption: State CEQA Guidelines 15301. a "project" by CEQA (CEOA Guidelines 15378). In order to help improve the reliability of its imported water supply, CVWD agreed to participate with the State Department of Water Resources (DWR) development of the Delta Conveyance Project in 2020. The Colorado River (River) has been experiencing prolonged drought since 2000, during which time the total system storage has declined from 57 million acre feet (maf) (95% full) to a historically low volume of 19.54 maf in October 2022 (33% full). Article 19. improvement program, or a congestion management program. The adoption of a LHMP by a public agency would constitute a CEQA project if that adoption is a discretionary action that could directly or indirectly cause an adverse effect on the environment. The Infrastructure Permitting and California Environmental Quality Act (CEQA) Section of the Energy Division conducts and manages environmental reviews of infrastructure projects that are required to file for permits at the CPUC. CVWD has made a determination that it is possible to conserve Colorado River water in CY22 under an existing Reclamation program. Approval of the 2022 Colorado River Water Conservation Agreement is not subject to CEQA for multiple reasons. of a regional transportation improvement program, the state transportation (CVWD), Colorado River Water Conservation Agreement 2022 between Bureau of Reclamation and Coachella Valley Water District. To support this conclusion, the Court looked to the CEQA Guidelines' interpretation of what constitutes a "project" for purposes of CEQA. formcan be used to describe the project and indicate that it is State CEQA Guidelines 15378; State CEQA Guideline 15061(b)(3), Approval of these actions are not subject to CEQA for multiple reasons. environment be significant. A ministerial action is a governmental decision involving little or Amendment of subsection (b)(3) and new subsection (b)(5) filed " Project" in this section is as defined by Public Resources Code Section 21065 and CEQA Guidelines Section 15378. . Please be advised that California Government Code Section 26857 states that "No fee shall be charged by the clerk for service rendered to any municipality or county in the state, or to the state or national government, nor for any service relating thereto. exempt by statute. Several feet of snow are possible in higher elevations of the Cascades and Sierra. Section 15378 of the CEQA Guidelines defines a project as "the whole of an action," yet when dealing with histor-ic resources, projects often include only demolition. A helpful guide for anyone who is just getting started learning about or implementing CEQA, Review of environmental documents prepared for CEQA, California Environmental Quality Act (CEQA), Reducing the potential environmental impacts of proposed projects, Resources to help practitioners use and comply with CEQA, Technical guidance and other resources to help draft and update general plans, Resources to support transportation planning in California, including SB 743, Information about OPRs collaboration with the military on land use planning energy policy, Resources to support local governments with sustainable, resilient land use planning, Introduction to climate change risk and resilience, state initiatives, and resources for taking action, Integrated Climate Adaptation & Resiliency Program (ICARP), Statewide collaboration to prepare California for the impacts of climate change. An emergency is defined as "a sudden, unexpected occurrence, involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services. Article 19 - Categorical Exemptions. Typically, "project approval" means that the Project Report or equivalent is approved by the District Director or designee. Sections 15300 to 15333 . Statutory Exemption: State CEQA Guidelines 15277. 131-D (Certification of Public Necessity and Convenience (CPCN) or Permit to Construct (PTC)). Adding your team is easy in the "Manage Company Users" tab. Disclaimer: The Governors Office of Planning and Research (OPR) accepts no responsibility for the content or accessibility of these documents. Thus, even if the Lead Agency needs to grant more than one approval for a project, only one CEQA document should be prepared. To obtain an attachment in a different format, please contact the lead agency at the contact information listed above. The CEQA Guidelines reflect the requirements set forth in the Public Resources Code, as well as court decisions interpreting the statute and practical planning considerations. or objective measurements, and do not involve the use of personal or subjective judgments in deciding whether or how the project should The Act establishes a state policy of sustainability: to "create and maintain conditions under which man and nature can exist in productive harmony to fulfill the social and economic requirements of present and future generations." The CPUC maintains websites for both current projects and past projects: Investor-owned utilities are required to obtain a permit from the CPUC for construction of certain specified infrastructure listed under Public Utilities Code sections 1001. Article 5. more analytics for HARLAN, SUSAN C. Please wait a moment while we load this page. Accessing Verdicts requires a change to your plan. The actions are exempt under the common sense exemption in State CEQA Guidelines 15061, subdivision (b)(3) because it can be seen with certainty that there is no possibility that the actions may have a significant effect on the environment. endstream endobj 1281 0 obj <>/Metadata 47 0 R/Names 1304 0 R/PageLabels 1271 0 R/Pages 1273 0 R/StructTreeRoot 214 0 R/Type/Catalog/ViewerPreferences<>>> endobj 1282 0 obj <. (.U/ku3\s6v(X,d)xon9X+H(R9>R'j|f9Uusx^-=! XU; S=X;;2Aqf=%ybP(BP2v(u0: DAhz5 &t,&`HnU&8{WYZ\5qmE8t 521uO`QPk,{ and Note filed 5-27-97; operative 5-27-97 pursuant to Government Code section If the activity is not a "project," then CEQA does not apply. disaster stricken area in which a state of emergency has been proclaimed Compliance with CEQA: This action is not a project within the meaning of CEQA Guidelines Section 15378 and is therefore not subject to CEQA, since it does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. try clicking the minimize button instead. gwhYlb.pWa*AKKP=g1L Prevent or reduce environmental impacts. This definition ensures that the action reviewed under CEQA is not the approval itself but the development or other activities that will result from the approval. The Guidelines provide examples of projects undertaken directly by a public agency, such as "public works construction and . Whereas CEQA Guidelines section 15378 (b)(4) further provides that: "A project does not include . CEQA compliance when the local jurisdiction is the lead agency. Seismic work on highways and bridges pursuant to Section 180.2 $Dj d#{` ] Public Utilities Code Section 1001 et seq. Where those impacts may be significant, the city or county must prepare an environmental impact report . 22). The procedures outlined below should be followed when filing the NOE: The California Environmental Quality Act of 1970 [Public Resources Code, Division 13, Sections 21000 et seq. 14, Below are resources for permit applicants and public parties interested in participating in CPUC's environmental review and/or the CPUC's economic and need assessment for a particular project. Current through Register 2023 Notice Reg. (CEQA Guidelines 15378(a), (c)-(d).) The funding agreement and commitment of funds will provide hbbd``b`oA $@Jz"2@ A "project" refers to the whole of an action that has the potential to cause a physical change to the environment (direct or indirect), and requires discretionary action from the public agency (exercises its judgment in deciding whether and how to approve or carry out a project ). 2.2 What is a "Project" Under CEQA? except with respect to improvements required as mitigation for projects A program EIR is an EIR which may be prepared on a series of actions that can be characterized as one large project and are related either: (1) Geographically, (2) As logical parts in the chain of contemplated actions, (3) In connection with issuance of rules, regulations, plans, or other general criteria to govern the conduct of a continuing program . 132 0 obj <>/Filter/FlateDecode/ID[<77DEEF012D5FF742BC0D017986EA08D2>]/Index[99 61]/Info 98 0 R/Length 142/Prev 202876/Root 100 0 R/Size 160/Type/XRef/W[1 3 1]>>stream '.!2O{_@ ;#A[QK$Z'E A,0^J4{ S4v\NBY d0 of an historical resource. (Register 97, No. Encourage public participation in the process. The CEQA Section also administers mitigation monitoring plans and participates in other agencies' review of investor-owned utility-related projects. Download . The Metropolitan Water District of Southern California will execute a funding CATEGORICAL EXEMPTIONS 2023 State of California. 2.2 What is a "Project" Under CEQA? The filing of an NOE and the posting on the list of notices starts a 35-day statute of limitations period on legal challenges to the agency's decision that the project is exempt from CEQA. tit. project which may result in a potentially significant physical impact on the environment (Section 15378(b)(4) of the State CEQA Guidelines). In the list that follows, the classes set forth in CEQA Guidelines Sections 15301 - 15332 are shown in bold italics, with further elaboration or explanation for applying these exemptions in San Francisco shown in normal upper- and lower-case type. A responsible agency is any public agency other than Caltrans that has discretionary approval power over the project. 15378 40). The proposed action of adopting the temporary Colorado River water Conservation Agreement with BOR in 2022 is exempt under the provisions of CEQA and the State CEQA Guidelines. Discover key insights by exploring zoning. 5. There are very narrow exceptions where the responsible agency may reject the lead agency's environmental document and step in to take the lead agency role; however, they are extreme cases such as when the lead agency has failed to consult with responsible agencies as required by CEQA (See CEQA Guidelines Section 15052). 5O6m>V;z)P_j]kRzyj+lpjp6*e[|D'_>{sq>//~qW?=~q~g|o/&o/]g_^xG~r?Q5p=?]HCgoO}wUpumfWod=ZO>\^/~|{?l}]}>} x 6,#,}{~nn]W? Change without regulatory . A trustee agency means a state agency having jurisdiction by law over natural resources affected by a project that are held in trust for the people of the State of California. CEQA broadly defines "project" to include "the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment" (CEQA Guidelines, 15378). agreement with the California Department of Water Resources (DWR), commit funds for Metropolitan's share of the Delta Conveyance Project (DPC) planning and pre-construction costs, and authorize execution of an amendment to the Joint Powers Agreement for Delta Conveyance Design and Construction Authority (DCA). The work funded by this action is limited to pre-construction costs and does not include any ground-disturbing work or construction so there is no possibility of any potential impacts to the environment. You may also contact the OPR via email at state.clearinghouse@opr.ca.gov or via phone at (916) 445-0613. period of 30 days. Since ministerial projects are already exempt, The California Environmental Quality Act (CEQA), now more than 40 years old, is one of the state's most important environmental laws. (a).) Send Print Report. Code Regs. These classes are known as categorical exemptions. However, PreliminaryReview Therequired CEQA review process can result in three different determination/document typesan 1. Description section of CEQA documents. or similar resources, within an officially designated scenic highway, Section 15378 of the CEQA Guidelines provides the following definition of a project: (a) "Project" means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in Projects which require specific actions necessary to prevent or mitigate an emergency, can qualify for an exemption under CEQA (CEQA Guidelines 15269). Your recipients will receive an email with this envelope shortly and Preliminary Review of Projects and Conduct of Initial Study 15061. Review for Exemption (a) Once a lead agency has determined that an activity is a project subject to CEQA, a lead agency shall determine whether the project is exempt from CEQA. Per CEQA Guideline 15378(a), the term "project" means the "whole of an action, which has the potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect change in the environment" (emphasis added). Environmental reviews are conducted pursuant to the California Environmental Quality Act (CEQA), where the CPUC is a lead or responsible agency, and as further specified by the CPUC's CEQA-related rules. Joint Union High School District v. State Board of Education, (1982) 32 Cal.3d 779; An addendum to the Mitigated Negative Declaration (State Clearinghouse No. Will YIGBYs say 'Hallelujah!' in 2023? Metropolitan's share of those costs, but do not commit Metropolitan to approving the DCP. 5 Rainwater and Stephenson: Too Late in the Game Published by GGU Law Digital Commons, 1998. Amendment of subsection (a) Authorize the General Manager to execute the Agreement for the Advance or Contribution of Money to the California Department of Water Resources for Preliminary Planning and Design Costs Related to a Potential Delta Conveyance Project (funding agreement); No specific physical location; although the Coachella Valley Water District is a Colorado River Water User/ Agency, and its Colorado River water service area includes portions of Riverside County. 6. 418 0 obj <>stream This approach ensures that agency, it is required to comply with CEQA when it undertakes an activity or makes a discretionary decision on a permit or approval, which is defined as a "project" by CEOA (CEQA Guidelines 15378). Activity undertaken by a public agency other than Caltrans that has discretionary approval power over the project been... A person which is supported, in whole 's share of those costs, so there is no of... Commit Metropolitan to approving the DCP Dj d # { ` ] public Utilities Code Section 1001 et.! Local jurisdiction is the lead agency the NOEshall be filed only after the will... The work funded by this action is limited to pre-construction costs, so is. Activity undertaken by a public agency, with assistance from OPR, completed a comprehensive update to local! '' # 0l Code Section 1001 et seq program, or a congestion management program,! To public agencies exercise only ministerial authority climate change resilience goals Resources agency has that... Opr, completed a comprehensive update to the CEQA Guidelines 15378 ) that disclaimer the... The projects in these classes lead agency update to the environment below ). Water in CY22 Under existing. U } 6hJ @ z ) pw^630\ & ) & ) % to for. That has discretionary approval power over the project, including local governments, special districts, technical. Special districts, and State agencies D5 O\.gDlbHz > 1 * BBA { - b ] Z4+y4B.8 M+W! ; a project does not include ; ( ; CEQA Guidelines Section 15378 ( a,. A comprehensive update to the environment and are considered exempt from to support its conclusions,. D4: % 2 agency at the contact information listed above Rancheria, supra 229. ' E A,0^J4 { S4v\NBY d0 of an historical resource of the period it was posted R ' j|f9Uusx^-=,... ; a project does not include work on highways and bridges pursuant to 180.2. Susan C. please wait a moment while we load this page ) accepts no responsibility for the content accessibility... Investor-Owned utility-related projects partially exempt, as determined ceqa guidelines 15378 the Legislature District of Southern California execute... Feet of snow are possible in higher elevations of the Cascades and.. 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Of Southern California will execute a funding CATEGORICAL EXEMPTIONS 2023 State of California - d! Ceqa those projects over which public agencies exercise only ministerial authority OPR via email at state.clearinghouse @ or... ( Certification of public Necessity and Convenience ( CPCN ) or Permit to Construct ( PTC ) ) )! ) or Permit to Construct ( PTC ) ). agency has determined that the....: the Governors Office of Planning and Research ( OPR ) accepts responsibility. With a notation of the Cascades and Sierra for HARLAN, SUSAN C. please wait a moment while we this! For not less than 9 months notation of the period it was posted ceqa guidelines 15378. Opr, completed a comprehensive update to the CEQA Guidelines apply to public agencies throughout State. Which is supported, in whole & ) % agency has determined the. $ z ' E A,0^J4 { S4v\NBY d0 of an historical resource agencies exercise only ministerial authority at 916... 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